LeonardS
Expert Alumni

Investors & landlords

You may deduct your suspended passive losses from the profit you earn when you sell your rental property. To take this deduction, you must sell "substantially all" of your rental activity. If you own only one rental property and sell it, then you can take the deduction because that property is your entire rental activity.

 

This also applies if you own several properties and treat them each as separate activities for tax purposes. However,  if you own multiple properties and elected to aggregate them as one activity for tax purposes and only sell one, you can not take the deduction because you won't have sold "substantially all" of your interest in your rental activity.

 

You must sell the property to an unrelated party—that is, a person other than your spouse, brothers, sisters, ancestors (parents, grandparents), lineal descendants (children, grandchildren), or a corporation or partnership in which you own more than 50%. And, the sale must be a taxable event—that is you must recognize income or loss for tax purposes. This means tax-deferred Section 1031 exchanges don't count, except to the extent you recognize any taxable income. (I.R.C. §469(g).)


 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"